| NREIS Wins Summary Judgment in Massachusetts UPL Suit |
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| Regulatory News | |
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On April 13th, United States District Judge Joseph L. Tauro entered an order of summary judgment in favor of National Real Estate Information Services (NREIS) and against the Real Estate Bar Association For Massachusetts (REBA) enjoining REBA from enforcing its interpretation of the practice of law as encompassing all the interconnected activities of a real estate conveyance and the issuance of title insurance. In the Court's decision, Judge Tauro agreed with NREIS' position that the definition of the practice of law as set forth by REBA was a violation of the Dormant Commerce Clause of the United States Constitution. REBA had filed the original lawsuit in an attempt to restrict the provision of title, settlement and closing services by Massachusetts attorneys only. The decision marks the first time a Federal District Court has ruled on the issue of unauthorized practice of law as it relates to settlement services and represents a breakthrough for NREIS as well as TAVMA and its other members.
The case caption is Civil Action No. 07-1224-JLT in the United States District Court, District of Massachusetts. |
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